Minnehaha County, SD Home Business: Home Daycare (2026)

Under SDCL 26-6-14.8, a family day care home in South Dakota may care for up to 12 children at one time (counting children under six who live in the home) without state licensure. The provider may voluntarily register with the SD Department of Social Services to qualify for the 'Registered Family Day Care' designation, which is required if the provider receives child-care assistance payments or other public funds. Registration is valid for two years and is administered under SDCL Chapter 26-6 and Administrative Rules of South Dakota (ARSD) Article 67:42. Group family day care homes (13-20 children) require a state license, not just registration. From a zoning standpoint, in unincorporated Minnehaha County a home-based daycare is a Home Occupation regulated by Article 12.03. Because daycare inherently generates customer/parent traffic at drop-off and pick-up, the operation typically exceeds the 'limited and incidental' Minor Home Occupation threshold and is generally processed as a Major Home Occupation requiring a Conditional Use Permit under Article 19.00. Conditions usually address off-street parking for parent drop-off, outdoor play-area location and fencing, and hours of operation. Inside Sioux Falls, Brandon, Hartford, Dell Rapids and other municipalities, the city zoning code governs instead.